COURT OF APPEAL GRANTS KAMPYONGO’S  WIFE  BAIL

IN A LANDMARK RULING, COURT OF APPEAL GRANTS WANZIYA CHIRWA-KAMPYONGO BAIL

..After one year in jail Wanziya Chirwa is granted as appeal had likelihood of success…

In a landmark Ruling, Hon. Lady Justice Betty Mwaka Majula, a Judge of the Court of Appeal, has granted bail pending appeal to Mrs. Wanziya Chirwa Kampyongo.

Mrs. Wanziya Chirwa, the wife of former Minister of Home Affairs, Hon. Stephen Kampyongo, was sentenced to three-years in prison for allegedly possession of property suspected to be proceeds of crime.

She has appealed both sentence and conviction.

Hon. Kampyongo was acquitted on all 11 counts related to the same allegations due to lack of evidence.

Wanziya’s application for bail was denied at the Lusaka Magistrate and High Court.

But the Court of Appeal has ruled that;

“The Applicant was sentenced to three years’ imprisonment on 27th September 2024 and has already served about one year. *Given the ordinary timelines for criminal appeals, there is a real risk that she will serve most of her sentence before her appeal is concluded.”

” As recognised in Anuj Kumar Rathi Krishnan’ and Kayumba, the likelihood of substantially serving a short custodial term pending appeal amounts to an exceptional circumstance justifying bail.”

“While the Respondent contends that appeals are now disposed of more swiftly, even a moderate delay would see the Applicant complete a significant part of her sentence, rendering any eventual success on appeal hollow. This risk of prejudice satisfies the second limb of the test.”

Accordingly, bail pending appeal is granted.”

EVALUATING THE SUCCESS OF APPEAL

“Furthermore, in evaluating the prospects of success it is not for the Court to delve into the merits of each ground of appeal.”

“But it suffices that all the grounds are examined, and a conclusion is made that prima facie the prospects of success of the appeal are good or dim.”

“The appellate court at the bail stage conducts a preliminary review of the grounds of appeal to gauge whether the appeal is arguable or has a realistic chance of success, without making any final determination on those grounds.”

“If prima facie the appeal appears to have merit or raises serious questions,
that supports a finding of likelihood of success; if the grounds on their face are weak or frivolous, then the appeal’s pros.”

LIKELIHOOD OF SUCCESS

“The Court has considered the Applicant’s grounds of appeal and is satisfied that they raise serious and arguable issues. She challenges her conviction for possession of property suspected to be proceeds of crime on the basis that the requisite “reasonable suspicion” was not properly established, citing reliance on speculative property values, failure to link he r assets to criminal conduct, and disregard of legitimate sources of income.”

“It is further alleged that exculpatory evidence was overlooked.”

“These matters go to the heart of the conviction’s validity and, applying the principle in Titus Zulu,’ are sufficient at this stage to show a realistic prospect of success.”

“While the Respondent contends otherwise, the Court notes that its task at this stage is only to determine whether the appeal is prima facie arguable, and on the record before it, the Applicants grounds meet the threshold.”